And Notification of Limitation

NORTH CAROLINA

DARE COUNTY

REVOCATION OF DECLARATION

AND NOTIFICATION OF LIMITATION

OF USE OF REAL PROPERTY

THIS REVOCATION OF DECLARATION AND NOTIFICATION OF LIMITATION OF USE OF REAL PROPERTY made this the _____ day of October, 2002 by the TOWN OF NAGS HEAD, a North Carolina Municipal Corporation, hereinafter the “Declarant”;

W I T N E S S E T H :

WHEREAS, Declarant acquired the lands hereinafter described, utilizing a grant from the State of North Carolina from the North Carolina Parks and Recreation Trust Fund (PARTF) and pursuant to the requirement of the grant recorded a Notification of Limitation of Use; and

WHEREAS, Declarant determined that the lands hereinafter described were not appropriate for public recreational uses contemplated at the time such lands were acquired utilizing a grant from PARTF and in accordance with the PARTF grant agreement Declarant withdrew its PARTF grant and reimbursed the State of North Carolina in an amount equivalent to the PARTF grant, all as more particularly set forth in Attachment B hereto; and

WHEREAS, by satisfying its obligation with the State of North Carolina there is no longer the requirement or need to restrict use of the lands hereinafter described.

NOW, THEREFORE, Declarant does affirmatively state and declare that the Notification of Limitation of Use of Real Property recorded in Book 1379 at Page 461 of the Dare County Public Registry is hereby revoked and declared null and void as to the property described in Attachment A hereto.

IN TESTIMONY WHEREOF the Town of Nags Head has caused this instrument to be executed in its name and behalf by its Mayor, attested by its Town Clerk and its corporate municipal seal affixed hereto, all as the act and deed of the Town of Nags Head.

Town of Nags Head, North Carolina

(CORPORATE SEAL)

By:______

Robert W. Muller, Mayor

Attest:

______

Carolyn F. Morris, Town Clerk

NORTH CAROLINA

DARE COUNTY

I, ______, a Notary Public of the County and State aforesaid, certify that Robert W. Muller personally came before me this day and acknowledged that he is Mayor of the Town of Nags Head, a North Carolina municipal corporation, and that by authority duly given and as the act of the town, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal and attested by Carolyn F. Morris, its Town Clerk.

Witness my hand and official stamp or seal, this _____ day of August, 2002.

______

Notary Public

My Commission expires:______

SEAL-STAMP

NORTH CAROLINA

DARE COUNTY

The foregoing Certificate of ______is certified to be correct.

This instrument and this certificate are duly registered at the date and time in the Book and Page shown on the first page hereof.

______

By:______

Assistant/Deputy Register of Deeds